Summary: What is the difference between comparative negligence and assumption of the risk? This Lawdible helps students learn to recognize the differences between the two most important affirmative defenses to a negligence claim — assumption of the risk and comparative negligence. Professor Fordham works through a hypothetical that highlights the differences between assumption of the risk and comparative negligence. He then explains a narrow, but essential exception to the rule for assumption of the risk, often referred to as “primary” assumption of the risk. Professor Fordham shows how primary assumption of the risk is different from secondary assumption of the risk and suggests keys to applying these affirmative defenses. Professor Brigham Fordham is an Associate Professor at Phoenix School of Law.
